[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Pages 1826-1828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-173]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209, 217, and 246
RIN 0750-AF86
Defense Federal Acquisition Regulation Supplement; Ship Critical
Safety Items (DFARS Case 2007-D016)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 130 of
the National Defense Authorization Act for Fiscal Year 2007. Section
130 requires DoD to establish a quality control policy for the
procurement, modification, repair, and overhaul of ship critical safety
items.
DATES: Effective date: January 10, 2008.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before March 10, 2008, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D016,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2007-D016 in the
subject line of the message.
Fax: 703-602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, 703-602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements Section 130 of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 130
requires DoD to prescribe in regulations a quality
[[Page 1827]]
control policy for the procurement of ship critical safety items and
the modification, repair, and overhaul of those items.
Section 802 of the National Defense Authorization Act for Fiscal
Year 2004 (Pub. L. 108-136) contained a similar requirement applicable
to aviation critical safety items, which is implemented in DFARS
209.270-1 through 209.270-4. This interim rule amends DFARS 209.270-1
through 209.270-4 and related text to address ship critical safety
items as well as aviation critical safety items. The rule identifies
the responsibilities of the head of the design control activity with
regard to quality control of critical safety items and related
services.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
primarily relates to internal DoD responsibilities for ensuring quality
control of ship critical safety items. In addition, the Navy already
has implemented stringent quality control programs with regard to such
items. Therefore, DoD has not performed an initial regulatory
flexibility analysis. DoD invites comments from small businesses and
other interested parties. DoD also will consider comments from small
entities concerning the affected DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be submitted separately and should
cite DFARS Case 2007-D016.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 130 of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 130
requires DoD to prescribe in regulations a quality control policy for
the procurement of ship critical safety items and the modification,
repair, and overhaul of those items. Comments received in response to
this interim rule will be considered in the formation of the final
rule.
List of Subjects in 48 CFR Parts 209, 217, and 246
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 209, 217, and 246 are amended as follows:
0
1. The authority citation for 48 CFR parts 209, 217, and 246 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
0
2. Sections 209.202, 209.270, and 209.270-1 are revised to read as
follows:
209.202 Policy.
(a)(1) Except for aviation or ship critical safety items, obtain
approval in accordance with PGI 209.202(a)(1) when establishing
qualification requirements. See 209.270 for approval of qualification
requirements for aviation or ship critical safety items.
209.270 Aviation and ship critical safety items.
209.270-1 Scope.
This section--
(a) Implements--
(1) Section 802 of the National Defense Authorization Act for
Fiscal Year 2004 (Pub. L. 108-136); and
(2) Section 130 of the National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109-364); and
(b) Prescribes policy and procedures for qualification requirements
in the procurement of aviation and ship critical safety items and the
modification, repair, and overhaul of those items.
0
3. Section 209.270-2 is amended by revising the definition of ``Design
control activity'' and adding a definition of ``Ship critical safety
item'' to read as follows:
209.270-2 Definitions.
* * * * *
Design control activity--(1) With respect to an aviation critical
safety item, means the systems command of a military department that is
specifically responsible for ensuring the air worthiness of an aviation
system or equipment in which an aviation critical safety item is to be
used; and
(2) With respect to a ship critical safety item, means the systems
command of a military department that is specifically responsible for
ensuring the seaworthiness of a ship or ship equipment in which a ship
critical safety item is to be used.
Ship critical safety item means any ship part, assembly, or support
equipment containing a characteristic the failure, malfunction, or
absence of which could cause--
(1) A catastrophic or critical failure resulting in loss of or
serious damage to the ship; or
(2) An unacceptable risk of personal injury or loss of life.
0
4. Section 209.270-3 is revised to read as follows:
209.270-3 Policy.
(a) The head of the contracting activity responsible for procuring
an aviation or ship critical safety item may enter into a contract for
the procurement, modification, repair, or overhaul of such an item only
with a source approved by the head of the design control activity.
(b) The approval authorities specified in this section apply
instead of those otherwise specified in FAR 9.202(a)(1), 9.202(c), or
9.206-1(c), for the procurement, modification, repair, and overhaul of
aviation or ship critical safety items.
0
5. Section 209.270-4 is amended by revising paragraph (a) to read as
follows:
209.270-4 Procedures.
(a) The head of the design control activity shall--
(1) Identify items that meet the criteria for designation as
aviation or ship critical safety items. See additional information at
PGI 209.270-4;
(2) Approve qualification requirements in accordance with
procedures established by the design control activity; and
(3) Qualify and identify aviation and ship critical safety item
suppliers and products.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
0
6. Section 217.7502 is amended in paragraph (b)(2) by revising the last
sentence to read as follows:
217.7502 General.
* * * * *
(b) * * *
(2) * * * See 209.270 for requirements applicable to replenishment
parts for aviation or ship critical safety items.
* * * * *
[[Page 1828]]
PART 246--QUALITY ASSURANCE
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7. Section 246.407 is amended by revising paragraph (S-70) to read as
follows:
246.407 Nonconforming supplies or services.
* * * * *
(S-70) The head of the design control activity is the approval
authority for acceptance of any nonconforming aviation or ship critical
safety items or nonconforming modification, repair, or overhaul of such
items (see 209.270). Authority for acceptance of minor nonconformances
in aviation or ship critical safety items may be delegated as
determined appropriate by the design control activity. See additional
information at PGI 246.407.
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8. Section 246.504 is revised to read as follows:
246.504 Certificate of conformance.
Before authorizing a certificate of conformance for aviation or
ship critical safety items, obtain the concurrence of the head of the
design control activity (see 209.270).
[FR Doc. E8-173 Filed 1-9-08; 8:45 am]
BILLING CODE 5001-08-P